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HomeMy WebLinkAboutR20-4931961 RESOLUTION :NO. R20493 A RESOLUTION OF THE .CITY COUNCIL OF THE CITY .OF PLAINVIEW TEXAS ADOPTING EXECUTIVE ORDER GA-30 PURSUANT TO TEXAS -GOVERNMENT CODE § 418.1.08; EXTENDING: THE- DECLARATION OF LOCAL DISASTER TO OCTOBER 13, 2020; PROVIDING A PENALTY FOR VIOLATION OF THE DECLARATION OF A FINE UP TO $1000.00 OR. $250 FOR. FAILING TO WEAR .A MASK WHEN REQUIRED, AFTER FIRST RECEIVING A. WARNING: WHEREAS, a novel coronavirus (COVID-19) has been recognized globally as a contagious respiratory virus; :and WHEREAS, COVID-19 continues to spread and to pose an. increasing, imminent threat: of disaster throughout City of Plainview and beyond;: and WHEREAS,:_on March '19.,2020, pursuant.to the authority;provided him by -Texas.; Government Code § 418.1,08, the Mayor:of the City of Plainview issued a. Declaration of Local Disaster, placing certain restrictions.and:procedures in place in order to. protect and preserve the public health, safety and welfare and consistent with the national and state declarations of emergency that was renewed and extended by the City Council through Resolution No. R20-4-70 on: March 24, 2020, Resolution No. R20-471 on April 14, 2020, Resolution. No,.. R20-477 on May 7,. 2020,_ Resolution. No. R20-478 on May 20, 2020, Resolution No..R20-482 on June 9, 2020, Resolution R20-486 .on. July 14, 2020, Resolution. R20-490 on August 11, 2020 arid- Resolution R20-492 on September 8, 2020; and WHEREAS, on July.2; 2020, the Governor of the State of Texas issued Executive Order GA-29 and amended Executive Order GA-28, that, among other things, required the wearing of face masks under -certain circumstances and further limiting -the size of' groups who are not part of.the'immediate household in -order to.further contain the spread of COVID719; and WHEREAS, 'on September 7; 2020, the Governor of the State of Texas renewed his state-wide disaster proclamation for an additional thirty (30) days,. certifying that COVID-19 poses an imminent.threat of disaster for all counties in.the State of Texas; and WHEREAS, the Governor of the State of Texas has .stated that, due to improved medical treatments for COVJD-19 patients, substantial increases in testing, abundant supplies of personal protective equipment, and Texans' adherence to -safe practices like social distancing, hand sanitizing, and. use. of. face coverings,. the spread of COVID-19 and the number of.'new COVD-19 cases and hospitalizations have steadily and significantly declined since late. July; and WHEREAS, ora September 17, 2020;, the Governor of the State of Texas issued Executive Order, .GA-30, superseding Executive Order GA-28, further. expanding _the Resolution R20-493 - - Page 1:of:3, WE reopening of businesses, activities, nursing homes and related facilities; and services throughout most of Texas; and WHEREAS, 'due to the -improving and evolving circumstances and the issuance .of' Executive Order GA-.30 and the desire: -of the. City of Plainview to continue to safely re- open businesses in the City of Plainview due to evolving circumstances -and pursuant to Texas Government Code §418.108, the City Council believes it to be in the best interest of the City and its citizens,. in order to protect and preserve the public health,safety and welfare, to continue the extension of the Declaration of Local Disaster, and adopt the measures outlined herein; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, HEREBY RESOLVES, DECLARES AND ORDERS: 1. 'THAT the recitals outlined above are found to be true and correct and are incorporated. as if fully set forth herein. 2. THAT all terms .and .conditions of the Governor's. Executive Order GA-30 are hereby adopted by reference and are incorporated herein as though set forth fully herein. Additionally, the guidelines and recommendations provided by the Governor: in conjunction With issuing Executive Order GA-30, are also adopted', to the extent it does not conflict .with this Resolution, and all businesses, religious institutions and citizens are encouraged to :review and follow said guidelines. A copy of Executive Orders GA-30.is attached hereto..and incorporated herein as though set forth fully'herei'm 3. THAT all other terms and conditions of the Mayoral Declaration of Local Disaster initially signed. and executed by the Mayor on March 19, 2020 and renewed and extended by the City Council through Resolution No. R20-470 on March 24, 2020, :Resolution No. R20471 .on April 14, 2020, Resolution No. 'R20-477 on May 7, 2020, Resolution No. R20- 478 on May 20, 2020, Resolution No. R20-482 on June 9, 2020, Resolution 20-486 on July 14, 2020, Resolution R20-490 on August 11, 2020 and Resolution R20-492 on September. 8, 2020 remains in full force and effect and is continued to the extent it does not directly conflict with this Resolution. 4. THAT pursuant to §418.108(c) of the Texas Government Code, :this resolution shall be given prompt and general ,publicity and shall be filed promptly With the City Secretary of the City of Plainview. 5. THAT pursuant -to §- 418.173 of the Texas Government Code, any person who knowingly or intentionally violates- this resolution and order commits an offense, punishable by a fine up to $1,000-00. However, in accordance.with'Executive Order'GA- 29, after first receiving a verbal or written warning for a first-timeviolator for failing to wear a face covering in violation of Executive Order GA-29., any person failing to wear a face covering in violation. of Executive Order GA-29 commits an offense punishable bya, fine, up to $250. per violation. Resolution R20-493 Page 2 of 3 E003A 6. THAT'Ihis resolution,and order shall go into effect immediately upon passage and' continue until 11:59 p.-m., -Tuesday, October 13, 2020,. unless renewed, extended, amended or cancelled by the Mayor. or City Council of the City of:Plainview. 7. THAT that this resolution and order authorizes the Mayor, pursuant .to applicable provisions of Texas Government Code Chapter 418 and Texas Health -and Safety Code. § 122.006, on. behalf of the City of Plainview, to take any actions necessary to promote health and suppress the virus, including the quarantine .of persons .and occupied structures, examining and regulating hospitals, regulating ingress and egress from the City, regulating ingress and egress to occupied structures, establishment of quarantine stations, emergency hospitals, and other hospitals,. -enforcing applicable orders issued by the Hale County Judge,: the Governor of the State of Texas or the Texas Department of State Health: Services related to suppressing the COVID-19 virus, and insuring compliance forthose who.do not.comply with the C.ity's rules and directives. 8. THAT to the extent permitted by law, any local ordinance or administrative rule., prescribing the procedures for conduct of City business or any -local ordinance or administrative rule that would in any way prevent, hinder, or delay necessary action in coping with this disaster., including any local ordinance or administrative rule .regarding contracting -or, procurement which: would impede the City's emergency response necessary. to cope with- this declared disaster, are hereby suspended, but only for the duration of -this declared local disaster.:and only for that limited purpose. 9. THAT to -the extent this resolution conflicts. with the Governor's 'Executive Order GA-29 or GA-30, as amended, Executive Order GA-29 and GA=30 controls and the Mayor may comport- and amend this resolution- and order and any subsequent order to be - consistent with -Executive Order GA-29 and GA=.30. 10. THAT the Mayor is- authorized to use all available resources of .the City of Plainview reasonably necessary to comply with this resolution. Approved by the City Council this the 22nd day of September, 2020. CITY OF PLAINVIEW, TEXAS ATTEST: Belinda Hinojosa, City Secr ,ry Resolution R20. 493 . Page 3 of 3